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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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Last modified
11/1/2012 2:42:26 PM
Creation date
10/23/2012 9:04:04 AM
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BOCC
Date
9/18/2001
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8h
Document Relationships
Agenda - 09-18-2001 - 8h
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 09-18-2001
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037 <br /> with this Ordinance. Notice of the stop work order shall be in writing,directed to the <br /> person conducting the land-disturbing activity and shall state the reasons for the issuance <br /> of the order, and the conditions under which work may be resumed.Notice shall be given <br /> by registered or certified mail. <br /> In the event service cannot be accomplished by registered or certified mail,it may be <br /> accomplished in any manner provided in rule 40) of the North Carolina Rules of Civil <br /> Procedure. <br /> G. Appeal of Stop Work Order <br /> The person conducting the development activity may appeal a stop work order to the <br /> County Commissioners within a period of five days after the order is issued.Notice of <br /> appeal shall be given in writing to the Commissioners,with a copy to the Enforcement <br /> Officer. The County Commissioners shall conduct a hearing at their next scheduled <br /> meeting at which the appellant and the Enforcement Officer or Inspector shall be <br /> permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as <br /> possible. Pending the ruling by the Commissioners on an appeal,no further work shall <br /> take place in violation of a stop work order. <br /> Section 16 Penalties <br /> A. Civil Penalties <br /> 1. Assessment of Penalties <br /> Any person who violates any of the provisions of this Ordinance or rules or orders <br /> adopted or issued pursuant to this Ordinance, or who fails to install, or complete <br /> any permanent on-site Nitrogen Reduction BMP or fails to conduct required <br /> maintenance on any permanent on-site BMP,or fails to remove an identified <br /> Illegal Discharge shall be subject to a civil penalty. The maximum civil penalty <br /> for a violation is&ve t4ettsaad'dellafs ($5,000). for those violations not willfully <br /> or unknowingly committed is ten thousand dollars ($10,000) per day, and for <br /> those violations that are continued willfully and knowingly,the maximum is <br /> twenty-five thousand dollars ($25,000)per day. If, after the allotted time period <br /> has expired,the violator has not completed corrective action, a civil penalty may <br /> be assessed from the date the violation is detected. However, no time period for <br /> compliance need be given for failure to submit the Storinwater Management Plan <br /> for approval or for obstructing, hampering, or interfering with an authorized <br /> representative while in the process of carrying out his official duties. Each day of <br /> a continuing violation shall constitute a separate violation under Section 22 (A)(!) <br /> 16.A.1. <br /> 2. Demand for Payment of Penalty <br /> The Orange County Board of Commissioners shall notify the person who is <br /> 31 <br />
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